Terms and conditions

These terms apply to your use of this website and, where indicated, to training services provided by IMJ OHS Compliance Training (Pty) Ltd. By using this website you accept the terms in sections 2 and 12 to 14. Where you book training with us, sections 3 to 11 apply in addition, read together with the written quote.

1. Who you are dealing with

The following disclosure is provided in terms of section 43 of the Electronic Communications and Transactions Act 25 of 2002:

Registered name

IMJ OHS Compliance Training (Pty) Ltd

Legal status

Private company incorporated in the Republic of South Africa

Registration number

2026/620007/07

Directors

P C Mokoena, J Pelser, M Pelser, I van Eeden

Physical address

1332 Dr. Belcher Road, Mangaung Resources Centre Building, Heidedal, Bloemfontein, 9301

Email

info@imjtraining.co.za

Website

www.imjtraining.co.za

2. Use of this website

The content of this website is provided for general information about our training services. Course outlines, durations and content are indicative and may change. Nothing on this website is an offer capable of acceptance, and nothing on it constitutes legal, health and safety, or compliance advice on which you should rely without taking your own advice on your own circumstances.

You agree not to:

• Use the website for any unlawful purpose
• Attempt to gain unauthorised access to the website, its server or any connected system
• Introduce malicious code, or attempt to interfere with the website's operation
• Scrape, harvest or systematically extract content or contact details from the site
• Submit false information, or another person's details, through the enquiry form

We may suspend or withdraw the website, in whole or in part, without notice. We do not warrant that the site will be uninterrupted or free of errors.

3. Quotes and bookings

• Submitting the enquiry form is a request for a quote. It is not a booking and creates no obligation on either side.
• A written quote from us is an offer. It is valid for 30 days from its date unless it states otherwise.
• A booking is confirmed only once you accept the quote in writing and we confirm a date in writing.
• Quoted prices are based on the delegate numbers, courses, venue and dates stated in the quote. Changes to any of these may change the price.
• Unless the quote says otherwise, prices exclude travel, accommodation, venue hire, catering and delegate PPE.

4. Payment

• Payment terms are as stated in the quote or invoice.
• We reserve the right to require payment in full, or a deposit, before training commences or before certificates are released.
• Interest may be charged on overdue amounts at the prescribed rate.
• All prices exclude VAT unless expressly stated. We will disclose our VAT status on the quote.

[Payment terms, deposit requirement and interest rate to be confirmed by the client.]

5. Cancellation and postponement

Facilitators, equipment and venues are committed in advance, so late changes carry a cost. Unless the quote states otherwise:

• More than 10 business days before the scheduled date: no charge.
• 5 to 10 business days before: 50% of the course fee.
• Fewer than 5 business days before, or delegates not presenting on the day: 100% of the course fee.
• Postponement requested more than 5 business days ahead may be accommodated once at no charge, subject to availability.
• Substituting a delegate at any time before the course starts is free.

We may cancel or reschedule where a facilitator is unavailable, where minimum numbers are not met, or where conditions on site make training unsafe. In that case you may take an alternative date or a full refund of amounts paid for the affected course. That is the limit of our liability for such a cancellation.

[Cancellation windows and percentages to be confirmed by the client before publication.]

6. Delegate requirements

• Delegates must be able to understand the language of instruction well enough to follow the training and be assessed in it.
• Delegates must produce valid identification for registration and certification.
• Delegates must arrive on time. Late arrival may mean exclusion where attendance requirements cannot be met.
• Delegates must be sober, and must comply with our facilitators' instructions and with site safety rules at all times.
• Practical training, including working at heights, fire fighting and first aid, is physically demanding. You must tell us in advance of any medical condition, injury or impairment that could make participation unsafe. We may exclude a delegate on reasonable safety grounds.
• You are responsible for providing delegates with the PPE their role requires, unless the quote says we are supplying it.

We may remove a delegate who behaves unsafely, disruptively or under the influence. No refund is due for a delegate removed on those grounds.

7. Assessment and certification

• Certification is issued on the basis of attendance and successful assessment, not on payment alone.
• A delegate found not yet competent may be re-assessed. Re-assessment may carry a fee.
• We do not guarantee that any particular delegate will pass.
• Certificates remain our property until the associated invoice is paid in full.
• Certificates have a validity period and require refresher training. Monitoring expiry dates for your workforce is your responsibility, though we will assist where we hold the records.
• Altering, copying or misrepresenting a certificate issued by us is a material breach and may be reported.

8. Accreditation

Where a course is described as accredited, the accreditation and the issuing body will be identified in the quote and on the certificate. Where a course is not accredited, it is delivered as compliance or awareness training against the applicable legislation and carries a certificate of attendance or competence issued by us. We will tell you which category a course falls into before you book it. It is your responsibility to satisfy yourself that the category meets the requirement imposed on you by your own client, tender or regulator.

9. On-site training

Where training takes place at your premises, you are responsible for:

• A training area that is suitable, safe and free of interruption, with power and space for the delegate group
• Site access, induction and any permits our facilitators require
• The safety of our personnel while they are on your site
• Providing the machines, equipment or structures the practical component requires, in a safe and serviceable condition, where the quote records that you are supplying them

Our facilitators may stop training where conditions on site are unsafe. Time lost this way may be charged.

10. Your statutory duties remain yours

This section is important. Read it carefully.

We provide training. We do not assume your legal duties as an employer. Nothing in our training, our certificates or our documentation transfers to us any obligation imposed on you by the Occupational Health and Safety Act 85 of 1993, the Mine Health and Safety Act 29 of 1996, their regulations, or any other law.

In particular, you remain solely responsible for:

• Deciding which of your employees require which training, and how often
• Making and maintaining statutory appointments
• Supervising work and enforcing safe working procedures after training is complete
• Providing, inspecting and maintaining plant, equipment and PPE
• Conducting your own risk assessments and maintaining your own safety management system

A certificate issued by us records that a delegate demonstrated competence against the stated criteria on the date of assessment. It is not a warranty of that person's future conduct, and it is not a defence available to you in respect of your own compliance obligations.

11. Limitation of liability

Nothing in these terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by our gross negligence, or for fraud.

Subject to that:

• We are not liable for any indirect or consequential loss, loss of profit, loss of production, loss of contract, downtime, penalties or fines, however arising.
• We are not liable for any act or omission of a delegate after training, or for any incident arising from work performed by a delegate.
• We are not liable for any loss arising from your failure to give us accurate or complete information about your operation, your delegates or the hazards present.
• Our total liability arising from any course, whether in contract, delict or otherwise, is limited to the fees actually paid to us for that course.

You indemnify us against any claim brought against us by a third party to the extent that the claim arises from your breach of these terms, from conditions on your site, or from work performed by your employees or contractors after training.

12. Intellectual property

All training material, manuals, assessment instruments, presentations, the content of this website, and the IMJ name and logo, are owned by us or licensed to us. You may use material issued to delegates for their own reference within your organisation. You may not copy, distribute, resell, publish or use it to deliver training to anyone else without our prior written permission.

13. Personal information

We process personal information in accordance with our privacy policy, which forms part of these terms.

14. Governing law and general

• These terms are governed by the law of the Republic of South Africa.
• The parties consent to the jurisdiction of the Magistrates' Court having jurisdiction, notwithstanding that a claim may exceed that court's jurisdictional limit, without prejudice to our right to institute proceedings in a High Court.
• The quote, together with these terms, is the whole agreement between us. No variation is binding unless recorded in writing and signed by both parties.
• Failure to enforce a term is not a waiver of it.
• If any provision is found unenforceable, the rest remains in force.
• Neither party is liable for failure to perform caused by an event beyond its reasonable control.
• We may update these terms. The version in force is the one published here on the date your quote is issued.

15. Contact

Questions about these terms should go to info@imjtraining.co.za.